BAC LP v. Ronald M. Williams et al. (2014)

MEMORANDUM OF DECISION RE MOTION FOR SUMMARY JUDGMENT

The plaintiff seeks summary judgment as to liability as against the named defendants, Ronald M. Williams and Susan E. Williams.   They support this motion with affidavits.

It would appear that there is agreement that on or about October 16, 2007, the defendants executed a note and mortgage to WCS Lending.   The mortgage was recorded in the Norwich Land Records.   On April 28, 2009, an assignment of the mortgage was recorded wherein the mortgage was transferred from WCS Lending to MERS. Three months after this assignment, MERS executed a release of the subject mortgage and the release was recorded in the Norwich Land Records on July 31, 2009.   Approximately nine months later, the plaintiff filed on the land records an affidavit pursuant to § 47–12a of the General Statutes asserting within the affidavit that the subject mortgage had been released in error.

The plaintiff further alleges that prior to December 1, 2009, it obtained and held the possession of the promissory note which was secured by the instant mortgage and that on April 15, 2010 it commenced this foreclosure action.   The plaintiff asserts that the mortgage went into default on June 1, 2009, and “each and every month thereafter.”

In opposition to this motion for summary judgment, the defendants Ronald M. Williams and Susan E. Williams filed affidavits in which they assert that they refinanced their property in June 2009, and that the mortgage loan proceeds from the refinance were paid out to satisfy the note and mortgage that are the subject of this foreclosure action.

The court assumes that the parties are familiar with the law concerning the granting or denying of summary judgment motions.

In this case, the court finds that there is an disputed issue of material fact, payment, that renders this matter inappropriate for determination by a summary judgment.   Because of this determination the court need not address the other legal issues raised by the parties in their legal briefs.

Cosgrove, J.

Cosgrove, Emmet L., J.